Pedestrians that are struck by vehicles frequently suffer devastating injuries that cause permanent harm. As such, they will often pursue claims against the parties that struck them to help offset their damages. It is not uncommon in cases arising out of pedestrian crashes, though, for drivers to argue that the injured parties are, in fact, at fault for the crash, and therefore, they should not be awarded damages. In a recent Florida ruling, a court discussed what evidence is admissible to prove a plaintiff’s negligence in a pedestrian accident case. If you were struck by a vehicle while walking, it is smart to meet with a Florida pedestrian accident lawyer to assess your options.
The Plaintiff’s Harm
It is reported that the plaintiff was walking along a rural road at 7:00 pm on a summer day. Prior to embarking on his journey, he consumed alcoholic beverages at a convenience store. He admitted that he was unfamiliar with the area and impaired due to the alcohol. As such, he called a friend to ask for directions. He was then struck by the defendant’s van while he was talking on the phone.
Allegedly, the defendant stated that he moved away from the shoulder of the road to avoid the plaintiff, but the plaintiff veered into his lane of travel. The plaintiff filed a lawsuit against the defendant, alleging his negligence caused the accident. At trial, the defendant introduced evidence of the plaintiff’s BAC level, arguing that the plaintiff was impaired and caused the accident. The jury found in favor of the defendant, and the plaintiff appealed. Continue reading